Estate Court, LLC v. Schnall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mercure, J.P.
In February 2005, plaintiff commenced this action pursuant to RPAPL article 15, seeking to relocate an appurtenant easement by prescription that crosses its property in the Town of Bethel, Sullivan County. Defendants were granted the easement in a 1999 judgment of Supreme Court (Kane, J.). Elaintiff has since obtained approval to build 19 townhouses and related facilities on the premises. It now asserts that the prescriptive easement frustrates its development of both the property and an adjacent lake for recreational purposes. In addition to relocating the easement, plaintiff…
2Cases cited9 opinions
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- Lewis v. YoungNew York Court of Appeals · 1998
- Green Harbour Homeowners' Ass'n v. G.H. Development & Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Chekijian v. MansAppellate Division of the Supreme Court of the State of New York · 2006
- Mihaly v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1987
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